What is the test for proper pleading in a personal injury case?

British Columbia, Canada


The following excerpt is from Burton v Marwest Utilities Services Ltd., 2019 BCSC 490 (CanLII):

In Sahyoun v. Ho, 2013 BCSC 1143, Justice Voith described the two “foundational purposes” for these requirements. First, proper pleadings increase efficiency by allowing parties “to focus their resources on those matters that are of import and to ignore those that are not”: Sahyoun at para. 18. Second, proper pleadings are necessary for trial fairness, allowing the defendant to see and respond to the claims made against them: Sahyoun at para. 19.

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